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HomeMy WebLinkAbout42-80 RESOLUTIONRESOLUTION NO. qik49 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH ROYAL AMERICAN AIRWAYS, INC. FOR SPACE IN THE NEW AIRPORT TERMINAL BUILDING. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a lease with Royal American Airways, Inc. for space in the new Airport Terminal Building. A copy of lease authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this Ofe-day of ATTEST: CITY CLERK % "5-‘N gr APPROVED: MAYOR MICIZOFIUAED 6 1980 DATE .113N REEL the 1980. CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville ( I, Bonnie Goering, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by certify that the annexed or foraff:Diag of record in my office and the sane ap- pears in Ordinance Ce Resolution book 1///1 Witness my at page hand and this driy of 0 19 • City lerk and Ea -Officio I2e. ; ; • LETh S E This Lease executed on thisoRtday of 5/0 lE . ti A II 1980, between the City of Fayetteville, Arkansas; a municipal corporation, hereinafter called "Lessor" and Royal American Airways, Inc., hereinafter called "Lessee". The parties recite and declare: A. Lessor is the owner of an airport known as Drake Field in the City of Fayetteville, Arkansas, herein referred to as the "airport". B. Lessee is engaged in the air transportation business and desires to use the facilities of the airport and maintain a base of operations at the airport. C. Lessor is willing to lease to Lessee a portion of the airport premises together with such rights and/or privileges as are set forth in this agreement. USE OF AIRPORT: Lessee is granted the use, in common with others similarly authorized, of the airport, together with all facilities, equipment, improvements, and services which have been, or may hereafter, be provided at or in connection with the airport from time to time, including, but not limited to, the landing field and any extensions thereof or additions thereto, runways, aprons, taxi -ways, sewerage and water facilities, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings, and take -offs. 2. SPACE IN TERMINAL BUILDING: Lessor grants Lessee the following: A. The exclusive use of 541 square feet of office space in the terminal building at the airport, such space being more particularly identified as a ticket counter, operations center, and storage and office space as designated in Exhibit "A", and the non-extlusive use, in common with others, of adequate space and facilities adjacent to the terminal building, consisting of sufficient ground area to permit the efficient taxiing, servicing, • • -2- and loading and unloading of Lessee's aircraft. B. Lessee, its employees, passengers, guests, patrons and invitees shall also have the use, in common with others, and under the same terms and conditions, of any public space available in the Terminal Building, or which may including, but not limited to, waiting 3. RIGHT OF INGRESS AND EGRESS: be hereafter available, rooms, and restrooms. Lessee shall have at all times full and free right of ingress and egress from the premises and facilities referred to herein for Lessee, its employees, customers, passengers, guests, and other invitees. Such right shall also extend to persons or organizations supplying materials or furnishing services to Lessee, to include vehicles, machinery and equipment, reasonably required by such persons or organiza- tions; provided, Lessee, its employees, customers, guests, passengers, and other invitees, shall be required to park in those areas designated by Lessor. 4. TERMS: Subject to earlier termination, as hereinafter provided, the term of this agreement shall commence on the date Lessee is granted beneficial occupancy of the new terminal building, and shall end on December 31, 1996. Lessor agrees to provide Lessee with 30 days advanced notice of the date beneficial occupancy will be granted. S. RENTALS AND CHARGES: Lessee agrees to pay Lessor for the use of the premises, facilities, rights, services, and privileges granted hereunto, rentals and charges according to the following schedule, which rentals and charges shall be payable Within 20 days from receipt of invoice. All rentals and charges shall be renegotiated annually as soon after the first day of the year as is possible with the newly negotiated rates to be retroactive to become effective on January A. For the exclusive use of 541 space in the terminal building, such space identified as a ticket counter, operations 1st of that year. square feet of office being more particularly center, storage and office space, and freight handling and storage room, •the sum of $12.00 per square foot per year. -3- B. Landing fees, according to the terms of Exhibit "B", attached hereto and made a part hereof, which fees shall be payable irrespective of the actual number of arrivals or aircraft landings occurring each month, schedule changes made during each month, extra sections flown, or courtesy, test inspection, instruction, charter, sight-seeing, ferry or other flights. C. For overnight parking of aircraft, the total sum of $125.00 per month during any such month as Lessee's aircraft is scheduled to remain overnight at airport. Location of the parked aircraft shall be on the apron adjacent to the public terminal building as designated by the Airport Manager. 6. NO ADDITIONAL CHARGES OR FEES: No charges, fees, or tows, other than those expressly provided for herein, shall be charged or collected by Lessor from Lessee, or any other persons •for the privilege of entering or leaving the airport, or, within the limits of the airport, for the privilege of transporting, loading, unloading, or handling persons, cargo, property, or mail, in connection with Lessee's business. 7. AIRLINE DEREGULATION ACT APPLICABLE: The parties agree that this Lease is subject to the provisions of the Airline Deregulation Act of 1978, P.L. 95-504, and the provisions of said Act are hereby incorporated herein by reference thereto. 8. NON-DISCRIMITNATION: Lessee agrees that it will not discriminate against any person in the operation of its air transportation service because of race, creed, sex, or national origin. 9. TAXES AND ASSESSMENTS: Lessor shall pay any and all taxes or special assessments which may be levied or assessed • against (1) the leased premises, including premises leased to Lessee exclusively and premises leased to Lessee for its use in common with others, and (2) Lessee's interest in the leased premises. Lessor also agrees to indemnify Lessee against any loss or liability resulting from any claims or liens in connection with such taxes and assessments. 10. MAINTENANCE AND UTILITIES: Lessor shall maintain and keep in good repair so much of the premises as is not under the -4 exclusive control of individual lessees, including, but not limited to, the terminal building and control tower, vehicle parking areas, and all roadways, runways, aprons and taxiways. Lessor shall also maintain and operate all sewerage and water facilities, all e lectrical and electronic facilities, and all such other appurtenances and services as are now or hereafter connected with the operation o f the airport. Lessee shall maintain and keep in repair so much of the airport premises as are under its exclusive control. Lessee shall not be required to Make any repairs for damage not caused by Lessee or by normal wear and tear to the structure. 11. OPTION TO LEASE ADDITIONAL SPACE: Lessees, may, with the approval of the Lessor, lease for its exclusive use additional land, improved, or unimproved, that may be available at the airport and is not reasonably necessary to the operation or maintenance of the airport. The use and occupancy by Lessee of such additional lands shall be subject to all the applicable provisions of this agreement, and shall be paid for at a rental rate to be negotiated. In the event other air transport operators leasing space with respect to said new airport terminal, terminate lease arrangements on committed space during the term hereof, Lessee shall have the option to lease said space, or a portion thereof, for its exclusive use, at a rental rate to be negotiated. On occupancy by Lessee of said space, it shall, at the option of either party hereto, within a period of 30 days, terminate its rights and obligations with ✓ espect to said original 541 square feet previously leased space in the terminal building. In the event Lessee declines to exercise its option on the terms proposed by Lessors, Lessor will not offer to lease or lease said space on terms more favorable that those offered to Lessee without first offering said space to Lessee upon the same terms. 12. ADDITIONAL AIRPORTS: In the event Lessor constructs or operates a new airport in the vicinity of the City of Fayetteville, Arkansas, Lessee shall have the option to lease for its exclusive use floor space thereof in an amount at least equal to that provided in this agreement at a rate to be negotiated at the time Lessee -5 - exercises -its option. On occupancy by Lessee of space in such new terminal building, it may, at its option, terminate its rights and obligations with respect to all or any part of its space in the present terminal building by giving Lessor written notice of such termination. 13. RULES AND REGULATIONS: Lessee agrees to observe and obey lawful, reasonable rules and regulations with respect to the use of the leased premises, provided, however, that such rules and regulations shall be consistent with safety and with rules, regulations, and orders of the Federal Aviation Administration with respect to aircraft operations at the airport; and provided further, that such rules and regulations shall not be inconsistent with the rules and provisions or the procedures prescribed or approved from time to time by the Federal Aviation Administration, with respect to the operation of Lessee's aircraft at the airport. 14. ADVERTISING SIGNS: All advertising signs installed by Lessee must be approved by Lessor, and must conform to Lessor's sign ordinance. 15. BUILDING BY LESSEE: Lessee may, at its own expense, upon approval by Lessor, such approval not to be unreasonably withheld, construct, install, alter, modify, and repair any structure or improvement on premises leased exclusively to Lessee hereunder. No restrictions shall be placed upon Lessee as to the architects, contractors or materialmen who may be employed by it in connection herewith. Such architects, contractors, or materialmen shall have the right of ingress to and egress from the leased premises. Ifi the event Lessee shall construct any building, hangar, or other structure on premises leased by Lessee, Lessee shall extend water and/or sewer lines to said structure; and Lessee shall be liable for all utility charges for said structure, including, but not limited to, charges for water, sewer, sahitation, gas and electricity. For each such building, Lessee agrees to obtain and keep in force throughout the term of this Lease fire and extended coverage insurance in an amount approved by Lessor. If any such structure shall be damaged or destroyed by fire or other casualty, such • -6- • structure shall be repaired or reconstructed with due diligence by Lessee at its own cost and expense, and the rent payable here- under with respect to the premises on which such structure is located shall be proportionately paid up to the time of such damage o r destruction and shall thenceforth cease until such time as the building shall be fully restored; provided, in the event such building is not fully restored within 120 days from the date of damage or destrnction, the rent shall resume on said 121st day. 16. DAMAGE OR DESTRUCTION OF PREMISES: If any building of Lessor in which Lessee occupies exclusive space hereunder, other than buildings erected by Lessee on premises leased as a result of Lessee exercising the option granted it by Section 11 hereof, is damaged or destroyed by fire or other casualty, such building shall be repaired or reconstructed with due diligence by Lessor at its own cost and expense, and the rent payable hereunder with respect to Lessee's exclusive space in such building shall"be proportion- ately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the building shall be fully ✓ estored; provided, however, that Lessee may, at its option, cancel so much of this agreement as relates to the untenantable building, such cancellation to be effective as of the date the building was damaged or destroyed. 17. INDEMNIFICATION OF LESSOR: Lessee agrees to indemnify Lessor against all liability for injuries to persons or damage to property caused by Lessee's negligent use or occupancy of the leased premises, and any additional premises leased by Lessee as a result o f Lessee's exercising the option granted it by Section 11 hereof, provided, however, that Lessee shall not be liable for any injury, damage, or loss occasioned by the negligence of Lessor or its agents or employees, and provided further that Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly, contingently or otherwise, affects or might affect Lessee, and Lessee shall have the right to compromise and defend the same to the extent of its own interest. -7 - Lessee agrees to obtain and keep in force throughtout the term of this lease liability insurance with limits not less than $300;000.00 for any one injury, and $1,000,000.00 for any one accident, and $300,000.00 for damage to property. Lessee shall, at Lessor's request, furnish current certificates of fire and extended coverage insurance. 18. TERMINATION BY LESSEE: If Lessor fails to perform any act or acts or render any service required to be performed or rendered by Lessor under the terms of this agreement, and if Lessor fails to remedy any such default in a manner reasonably satisfactory to Lessee, within thirty (30) days following receipt from Lessee of written notice to remedy same, Lessee may elect to terminate this agreement by giving thirty (30) days written notice to Lessor. Lessee shall also have the right to terminate this agreement in the event of any of the following: 1 The suspension of termination of Lessee's service at Fayetteville, Arkansas in accordance with the provisions of the Federal Aviation Act of 1958, as amended; the termination of Lessee's obligation or right (imposed by contract or other- wise) to the Federal Government for the carriage o f United States airmail to, from or through the Fayetteville area or its environs, for the receiving and dispatching of United States airmail; authorization by the Civil Aeronautics Board or other authority of another airport for service by Lessee to Fayetteville; issuance by any court of competent jurisdiction of any injunction in any way preventing or restraining the use o f the Airport or any part thereof for airport purposes, and the remaining in force of such injunction for a period of at least thirty (30) days; any:action of the Civil Aeronautics Board or other authority refusing to permit Lessee to operate into, from or through the Airport such aircraft as Lessee may reasonably desire to operate thereon; the inability of Lessee to use said premises and facilities continuing for a longer period than thirty (30) days due to any deficiency of the Airport or unsafe condition for operating at the Airport of the type of aircraft then being flown by Lessor or any law, order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations o f Lessee or due to war, Government or any authorized agency thereof of control of said airport and facilities or any substantial part or parts thereof; the erection of any obstacle on or in the vicinity of the Airport which would occasion a modification of Lessee's air carrier operating certificate or similar authorization extablishing minimum safety standards for the operation of Lessee. No waiver of default by Lessee of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessor shall be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessor. 19. TERMINATION BY LESSOR: If Lessee fails to make any payment due hereunder within ten (10) days after receipt of notice from Lessor of such delinquency, Lessor may, at its option, terminate this agreement and take possession of so much of Lessee's personal property as is reasonably necessary to secure payment of the amounts due and unpaid. Lessor shall also have the right to terminate this agreement in the event of any of the following: The filing by Lessee of a voluntary petition in bankruptcy; the adjudication of Lessee as a bankrupt pursuant to such proceedings; the appoint- ment of a receiver of Lessee's assets; the divestiture of Lessee's estate -herein by other operations of law; the abandonment by Lessee of its conduct of air transportation at the airport; the default by Lessee in the performance of any covenant or agreement herein required to be performed by Lessee and the failure of Lessee to remedy such default for a period of thirty (30) days after receipt from Lessor of written notice to remedy the same. No waiver of default by Lessor of any of the terms or conditions hereof to be performed, kept and observed by Lessee, shall be construed to be or act as a waiver of any subsequent default of any of the terms and conditions herein contained to be performed, kept and observed by Lessee. 20. SURRENDER OF POSSESSION: On the expiration or other termination of this lease, Lessee's right to use of the premises, facilities, and services described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. Except as otherwise provided in this agreement, all buildings, structures, fixtures, hangars, improvements, equipment, and other property brought, installed, erected, or placed by Lessee in, on, or about the airport, and premises leased hereunder, including, but not limited to, storage tanks, pipes, pumps, wires, poles, machinery, and air conditioning equipment shall be deemed to be personalty and remain the property of Lessee. Lessee shall have • • -9- the right at any time during the term of this agreement, or any renewal or extension hereof, for an additional period �f thirty (30) days after the expiration or other termination of this agree- ment, to remove any or all of such property from the airport, subject, however, to Lessee's obligation to repair all damage, if any, resulting from such removal. Any and all property not removed by Lessee prior to the expiration of the said thirty (30) day period shall thereupon become a part of the land on which it is located and title thereto shall thereupon vest in Lessor. 21. INSPECTION BY LESSOR: Lessor may enter the premises now or hereafter leased exclusively to Lessee at any reasonable time for any purpose necessary or incidental to the performance of its obligations hereunder. 22. CONFORMITY OF AGREEMENT: In the event Lessor shall enter into an agreement with any other air transport operator with respect to the airport, which agreement contains more favorable terms than this agreement, or in the event Lessor grants any other air transport operator rights or privileges with respect thereto which are not accorded to Lessee hereunder, then the same rights, privileges, and more favorable terms shall be concurrently and automatically made available to Lessee. 23. ASSIGNMENT AND SUBLETTING: Lessee shall not at any time assign its rights under this agreement or any part hereof, without the written consent of Lessor; provided, however, that the foregoing shall not prevent the assignment of such rights to any corporation with which Lessee may merge or consolidate, or which may succeed to the business of Lessee, or to the United States Government �r any agency thereof. No such subletting shall release Lessee from its obligations to pay any and all of the rentals and charges set forth herein. 24. NOTICES: Notices to Lessor provided for herein shall be sufficient if sent by registered mail addressed to Lessor at its regular mailing address, Postal Drawer F, Fayetteville, Arkansas 72701. Notices to Lessee provided for herein shall be sufficient if sent by registered mail, addressed to Royal American Airways, Inc., P.O. Box 1504, Fayetteville, Arkansas 72701. • -10- • 25. SEVERABILITY: This Agreement shall be construed under the laws of the State of Arkansas. In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either the Lessor or the Lessee in their respective rights and obligations contained in the valid covenant, condition, or provisions of this agreement. 26. USE AND ENJOYMENT OF LEASED PREMISES: Lessor represents that it has the right to lease the airport, together with the facilities, rights, licenses and privileges herein granted, and has full power and authority to enter into this agreement in respect thereof. Lessor agrees that, on payment of the rent, performance of the covenants and agreements by Lessee, Lessee shall peaceably have and enjoy the leased premises and all rights and privileges of the airport, its appurtenances and facilities. 27. GRANT OF OPERATIONAL RIGHTS: During the term of this agreement, and during any renewal of extension thereof, Lessee shall have the right to: A. Take off, land, fly, taxi, tow, park, load, and unload its aircraft and other equipment used in the operation of all scheduled and nonscheduled flights. B. Load and unload persons, cargo, property, and mail by means of such equipment as Lessee may choose or require in the operation of its business, with the additional right to designate and enter into agreement with any carrier or carriers of its choice for the transportation to and from the airport of passengers and their baggage, cargo, property, and mail carrier and to be carried by Lessee; C. Repair, maintain, condition, service, test, park or store aircraft or other equipment, provided that such right shall not be construed as authoriting the conduct of a separate business by Lessee; D. Install, maintain and operate without cost to Lessor a message tube system and other communications system between suitable locations in the aircraft loading areas and suitable locations in those areas of the terminal building leased exclusively to Lessee. E. Install, maintain, and operate at Lessee's expense, or in conjunction with other air transportation companies, -11- such radio communications, meteorological, and aerial navagation equipment at facilities in or on premises leased exclusively to Lessee or, subject to the approval and Lessor's City Manager, elsewhere on the airport, as may be necessary or convenient in the opinion of Lessee for its operation; provided, however, that such approval shall not be withheld unless such installation, maintenance, and operation at the location so elected by Lessee shall interfere with the reasonable use of the airport by others authorized to do so; F. Conduct any other operation or activity which is reasonably necessary to the conduct by Lessee of its business. 28. ACCOMODATION OF OTHER AIR CARRIERS: Lessee may, with written approval of Lessor, which will not be unreasonably withheld, accomodate the needs of other air carriers desiring to provide service to airport, including, but not limited thereto, the ticketing, passenger and baggage arrangements as well as providing ramp service and any other activity reasonably necessary to accomodate said carriers. 29. SECURED AREAS: Lessor agrees to provide an area designated a security area with access to gates for arriving and departing flights for the common use of Lessee and all others similiary authorized and a screening area suitable for establishment and maintenance of facilities to screen employees, passengers, guests, patrons and invitees entering said area. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has executed these presents by its Mayor, and has caused the seal of the City of Fayetteville, Arkansas, to be hereunder affixed, and said Lessee has caused these presents to be signed, its corporate seal to be hereunto affixed, and attested', by its proper officers, being fully authorized to do, as of the date and year above written. CITY OF FAYETTEVILLE, ARKANSAS ,•S: r • nif - ATILEST :• V fl r '."1". BY? It.: City, Cl r -si. • BY: Mayo ROYAL AMER BY: TITLE: "EXHIBIT A" • 4. r 0. • Ili -11 . • ; ; Royal American Air7> ri- 1 1 1 • •• • • EXHIBIT "B" , For Airport Agreement between Royal lunerican Airways, Inc. City of Fayetteville, Arkansas (Lessor) for the term of 19 , through , 19 LANDING FEES • Lessee shall pay Lessor a monthly landing fee based on the aggregate maximum certified landing weight of all flights scheduled to land at the Airport during the month as shown by Lessee's timetable filed with the Civil Aeronautics Board and in effect on the first day of such calendar month, computed as follows: 23 cents per 1,000 pounds (mclw) per month beginning on the date of new terminal occupancy by lessee The number of arrivals scheduled to land at the Airport during the month, multiplied by the applicable maximum certified landing weight for each aircraft (the Vickers Vicount- being the principal aircraft used by Lessee) scheduled to be operating, as shown by Lessee's said timetable, shall determine the weight for which the monthly payment shall be made. The minimum fee for any scheduled landing shall be $2.50. The term "maximum certified landing weight" (mclw) for any aircraft, as used herein, shall be the maximum landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport. MICROFILM LEASE • • o 550 /J -JR — Sr—) 3 n THIS AGREEMENT executed this ael day of auctkcat- , 1980, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter called Lessor, and ROYAL AMERICAN AIRWAYS, INC., hereinafter called Lessee. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor premises consisting of one (1) trailer located north of the old Airport Terminal Building at the Fayetteville Municipal Airport as shown on the plat attached hereto marked Exhibit TIAll and made a part hereof, which trailer containseqSA square feet, more or less. 2. For use of the demised premises, Lessee agrees to pay Lessor the sum of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per month, payable in advance. 3. The term of this Lease shall be from month to month commencing on the 18th day of August, 1980. Either party may terminate this Lease by giving thirty (30) days written notice of termination to the other party. 4. Lessee shall keep and hold harmless Lessor from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessor or Lessee, by reason of death or injury to any person, or loss or damage to property resulting from Lessee's use of the demised premises. 5. In the event that Lessee shall default in the payment of any sums due hereunder, or shall default in the performance of any covenant required to be kept by Lessee hereunder, and such default shall continue for a period of ten (10) days after notice thereof from Lessor to Lessee, Lessor shall have the right to immediately terminate this Agreement, and in the event of such termination, Lessee shall have no further rights hereunder, and shall thereupon vacate the demised premises and shall have no further rights or claims thereto. -2- 6. Lessee agrees that it will not erect or maintain, nor permit to be erected or maintained, on the demised premises any signs without obtaining the advance consent and approval of the Airport Manager. 7. This agreement is personal to Lessee and shall not be assigned in whole or in part, nor shall Lessee have any authority to sublet or subcontract any of the rights or duties herein conferred without the written consent of Lessor first had and obtained. 8. Lessee will not, on the grounds of race, color, creed, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal Aviation regulations, for breach of which Lessor shall have the right to take such action as the United States may direct to enforce compliance. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. • <ATTEST.: t••.* •:••• C ty = . - = - CITY OF FAYETTEVILLE, ARKANSAS, LESSOR L‘ci Ma or ROYAL AMERICAN AIRWAYS, INC. LESSEE By: trinvel t t 4 • 1.1%-alrErrrEVILLEI AIRICANSALS AIRPORT DEPARTMENT 1 P. 0. DRAWER F CA A Terry:1"a\ 61118 • Pori-abk. Tr at\ et reniect Qott I krAeika I5011 521-4750 72701 • EONeibtl+ "A" • ANCROALmED, MODIFICATION OF LEASE AGREEMENT THIS AGREEMENT made this 420 day of • 0 s er AIR- 5.-13 19801 by and between the CITY OF FAYETTEVILLE, Arkansas, hereinafter called Lessor, and ROYAL AMERICAN AIRWAYS, INC., hereinafter called Lessee. WHEREAS, the parties hereto have entered into the Lease Agreement attached hereto marked Exhibit "A" and made a part hereof; and WHEREAS, the parties desire to modify said Lease. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Lease attached hereto marked Exhibit "A" and made a part hereof between Lessor and Lessee shall be modified as follows: A. Paragraph 5(A) of said Lease is hereby amended by adding the following: Lessee shall receive as credit on said rental charge the sum ($8,532.00) paid Lessor by Lessee under paragraph 5(D) of this Lease. B. Paragraph 5 of said Lease is hereby modified by adding sub -paragraph D to read as follows: Upon payment by Lessee to Lessor of $8,532.00 in a lump sum, Lessor agrees to execute the change order attached hereto marked Exhibit "B" and made a part hereof. Should Lessee fail to make said payment within 5 days from the date of written demand by Lessor, this Lease shall be null and void. 2. All provisions of the Lease are incorporated herein and are hereby modified to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this modification on the day and year first above written. • ATTEST: 2 ces,i( ATTEST: • Secre ar CITY OF FAYETTEVILLE, LESSOR By: ROYAL AMER NC., LESSEE By•